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INTER-MINISTERIAL CIRCULAR No. 27-TT/LB ON THE 30th OF MARCH, 1994 STIPULATING THE COLLECTION AND MANAGEMENT OF THE USE OF FEES AND COSTS ON THE BOTANICAL PROTECTION AND QUARANTINE

Proceeding from Article 13 and Article 14 of the Regulations on the system of organization, professional inspection, settlement of disputes, and fees and spendings on botanical protection and quarantine issued along with Government Decision No. 92-CP on the 27th of November, 1993;

Proceeding from Decision No. 276-CT on the 28th of July, 1992 of the Chairman of the Council of Ministers (now the Prime Minister) on the unified management of fees and spendings, and Circular No. 48-TC/TCT on the 28th of September, 1992 of the Ministry of Finance guiding its implementation;

The Ministry of Finance and the Ministry of Agriculture and Food Industry guide the collection and management of the use of fees and spendings on botanical protection and quarantine as follows:

I. THOSE WHO MUST PAY

Vietnamese and foreign organizations and individuals must pay fees and spendings to the office for botanical protection and quarantine as stipulated in Article 13 of the Regulations issued along with Government Decision No. 92-CP on the 27th of November, 1993.

II. RATES AND KINDS OF PAYMENT

1. The rates of payment are stipulated at the supplement to this Circular. When the market prices rise from 20% upwards, the Ministry of Finance in cooperation with the Ministry of Agriculture and Food Industry shall adjust the rates of payment stipulated in this Circular to make them better conform with reality.

2. Kinds of payment:

- Vietnamese organizations and individuals pay their fees in Vietnamese Dong.

- Foreign organizations and individuals pay their fees in U.S. dollar (USD). In case foreigners wish to pay their fees in Vietnamese Dong, the payment shall be based on the buying rate of the U.S. dollar announced by the State Bank of Vietnam at the time of payment.

3. The following cases shall be exempted from paying fees and costs for:

- Quarantine control of vegetal products imported by passengers as hand-luggage for use during their journey.

- Quarantine control of bouquets and garlands for use in diplomatic protocol upon arrival or departure.

4. After the working hours stipulated by the State, if passengers request the quarantine office to work extra-time, they must make an application for extra-time work by the quarantine office, and if the quarantine office agrees, it can collect an extra-payment of 50% of the rate of fee stipulated at the supplement enclosed with this Circular.

III. MANAGEMENT OF THE USE OF FEES AND EXPENSES FOR BOTANICAL PROTECTION AND QUARANTINE CONTROL

1. Register with the local tax office and keep a record of the collection of fees and costs in conformity with the State regulations on accounting and statistics currently in force.

2. Receive receipts of fees and costs from the local tax office issued by the Ministry of Finance (the General Department of Taxation).

3. Part of the payment of fees and costs on the botanical protection and quarantine control is allowed to be retained as stipulated at Article 14 of the Regulations on the system of organization for professional inspection, dispute settlement and collection of fees and costs on botanical protection and quarantine control (issued in accordance with Government Decision No. 92-CP on the 27th of November, 1993). This revenue shall be registered in the balance of revenues and expenditures approved annually for the unit concerned.

The office for botanical protection and quarantine control at various levels can use the payment for fees and costs as regular spendings for the purchase of materials and technical equipment for the botanical protection and quarantine control, for extra-time payment, for the granting of bonuses to the personnel in accordance with the current State regulations, regarding the administrative units having extra revenues. If the unit collects more than the planned level, it shall get more bonuses, but this extra bonus per capita shall not exceed one month's basic salary. At the end of the year when the annual balance of accounts is made, if the unit has not used all the sum allocated, it must hand in the remainder to the State Budget.

4. Every year, the office for botanical protection and quarantine control must plan the collection of fees and costs on botanical protection and quarantine control together with its plan of financial revenues and spendings, and submit it to the managing office at the immediate higher level and to the financial office of the same level for approval.

5. Every year, the office for botanical protection and quarantine control must settle the accounts of payment and expenditures on fees and costs on botanical protection and quarantine control as well as its accounts of financial allocations and expenditures and submit it to the managing office at the immediate higher level and to the financial office of the same level for approval (with the participation of the tax office of the same level).

6. The tax office is responsible for supervising the office for botanical protection and quarantine control in the observance of sealed receipt books and submit the mandatory sum (if any) to the State Budget.

This Circular takes effect on the 1st of January, 1994. All earlier provisions which are contrary to this Circular are annulled.

While implementing this Circular, the office concerned must report in time any difficulty to the Ministry of Finance and the Ministry of Agriculture and Food Industry for settlement.

On behalf of the Minister of Agriculture and Food Industry

Vice Minister

NGO THE DAN

On behalf of the Minister of Finance,

Vice Minister

PHAN VAN DINH

ANNEX

Issued along with the Inter-ministerial Circular of the Ministry of Finance and the Ministry of Agriculture and Food Industry No. 27-TT/LB of the 30th of March, 1994 on Fees and Costs on Botanical Protection and Quarantine

PAYMENT RATE

No

ITEMS

Collection value

NOTES

Unit

For domestic organizations and individuals (in 1,000 VN Dong)

For foreign organizations and individuals, and Vietnamese living abroad (in USD)

1

2

3

4

5

6

1

Declaration to apply for certificate, permit, registration card, etc. on plant protection and quarantine, plant protection drugs, disinfectants

First declaration

2

2

2

Examination and issuance of official permit for introduction into the list of utilizable drugs

First issuance of license for one kind of drug

3,000

500

For foreign organizations and individuals in joint venture with Vietnamese organizations and individuals, reduction of 20% compared to the level collected from foreign organizations and individuals

3

Registration for introduction of drug for restricted test

1st issuance

200

50

-id-

4

Registration for introduction of drug for broad test

1st issuance

1,000

200

-id-

5

Examination and issuance of additional registration for introduction into the list of utilizable drugs

a) Change of mane and utilization scope

b) Change in content of active matters and drug form

c) Mixture into new product

d) Extension of drug registration permit

1st issuance

1st issuance

1st issuance

1st issuance

200

400

1,000

200

50

100

200

50

-id-

-id-

-id-

-id-

6

Examination of technical conditions and issuance of certificate confirming conditions for production of and dealing in plant protection drug

- Small scale (>5T item/year)

- Medium scale (>5T item/year)

- Large scale (>30T item/year)

500

1,000

2,000

According to specified regulation

7

Examination and issuance of certificate for plant protection drug quality:

a) Quantitative analysis

b) Qualitative analysis of plant protection

c) Quantitative analysis of herbal drugs

1 kind of drug

1 kind of drug

1 kind of drug

50-100

100-200

100-150

20-30

30-50

40-60

For foreign organizations and individuals in joint venture with Vietnamese organizations and individuals, reduction of 20% compared to collection level from foreign organizations and individuals

8

Examination of excess volume of plant protection drugs

1 quota/1 sample

100-150

50-100

-id-

9

Expenses for traveling to checking spot, sample taking for examination of quality and excess volume of plant protection drug

1 trip and return

According to reasonable real expenses

According to reasonable real expenses

10

Testing the new plant protection drug:

a) Restrict test

b) Broad test

1 test for 1 kind of drug, 1 kind of pest, 1 spot, 3-5 formulas, 3-4 repeats, coverage from 25 to 50m2

1 test, 1 kind of pest, 1 kind of drug, coverage from 0.5 to 2 hectares

2,000-2,500

1,500-2,000

500-600

400-500

11

Examination and issuance of permit for disinfectation business:

a) Seft-disinfectation

+ Small scale (<1000m3/year)

+ Medium scale (>1000m3/year)

+ Large scale (>5000m3/year)

b) Disinfection of domestic goods:

+ Small scale (<1000m3/year)

+ Medium scale (>1000m3/year)

+ Large scale (>5000m3/year)

c) Disinfection of export and import goods:

+ Small scale (<1000m3/year)

+ Medium scale (>1000m3/year)

+ Large scale (>5000m3/year)

One time

One time

Onetime

70

50

1000

500

1,000

1,500

1,000

2,000

3,000

12

Checking, taking samples, analyzing, examining and issuing certificate of plant control:

a) Checking, investigation on living creatures that cause harm to objects of plant control

b) Taking sample from objects of plant control for analysis of infection condition

c) Analysis and examination of sample:

- Insects

- Weed

- Fugus, bacteria

- Microbes

- Viruses

d) Expenses for traveling to checking location and back, taking samples of objects subject to plant protection

e) Sowing and growing, monitoring and controlling seeds of imported plants in nursery

- from 1m2 or 1m3 or 1 ton to 10m2 or 10m3 or first 10 tons

- from 11m2 or 11m3 or 11 tons upward, every 1m2 or 1m3 or 1 ton of additional collection

- from first 1 to 10 samples upward, each sample to be added to collection

1 quota/1

sample

1 trip and return

1 kind of seed

10-15

0.1-0.15

10-15

20-50

20-50

35-75

50-100

According to reasonable expenses

According to reasonable real expenses

According to reasonable real expenses

13

Handling of infected objects like selection, reproduction, disinfection, separation, elimination, retaining, sending back to original place, etc.

1 treatment

According to reasonable real expenses

14

Service for prevention and elimination of living creatures causing harm to plant and objects for plant control

One time

According to reasonable real expenses

15

Supervision and control of treatment and disinfection of objects for plant control

Like Item 8

Like Item 8

Like Item 8

Like Item 8

16

Other related expenses made by the plant protection and control agency

One time

According to reasonable real expenses